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1990-0122_BELL, IRA AND TERESA_AgreementAO�NT WITH CITY RE HOMEBUYER INSTALLATION Of�VEWAY This Agreement with City re Homebuyer Installation of Driveway (the "Agreement") is entered into this day of////1�989 between the City of San Juan Capistrano (the "City") and 9�/T �.�-+�l/7 iJG (the "Homebuyer") with reference to the following facts: A. FN Projects, Inc. (the "Developer") is currently building a community of single family homes commonly known as "The Acreage Above Capistrano" in the City of San Juan Capistrano. B. The H.o/mebuye�rt h/q/s entered into an agreement rt}o /purrcha e a home in The Acreage Above Ca rstrano located at ��3 % !lU%Tl Y/r�/A1�i J.I�C _��. �?:24 /� (the "Homm"). 9 #�-/ C. The Homebuyer would prefer to install his or her own driveway in connection with the individual landscaping plan utilized by the Homebuyer to landscape the yard of the Home. D. In order for the City to issue a Certificate of Occupancy for the Home without the driveway installed, the City is requiring that the Homrebuyer provide the City with a cash deposit or letter of credit to assure the City that concrete and/or masonry driveways will be installed at the Home within four months from the date of issuance of the Certificate of Occupancy for the Home. NOW, THEREFORE, the parties hereto agree as follows: 1. Deposit. The Homebuyer agrees to dep, r r h the City, concurrently with the Homebuyer's execution and delivery of this Agreement, the sun of S��in the form of cash or, if the Homebuyer so elects, a letter of credit of such amount from a major money -center bank, in favor of City and in a form acceptable to the City. The City shall hold the cash or letter of credit in accordance with the provisions of this Agreement. 2. Agreement to Install Driveways. The Homebuyer hereby covenants and agrees to install or cause to be installed, within four months from the date that a Certificate of Occupancy for the Home is issued, all concrete and/or masonry driveways at the Home which FN Projects has not installed as of the date hereof. 3. Issuance of Certificate of_Occuoancy. The City agrees that, upon its receipt of this executed Agreement, its receipt of the above described funds or letter of credit, and satisfaction of all other conditions to the issuance of a Certificate of Occupancy, it shall issue a Certificate of Occupancy for the Home. 4. Default. In the event that the Homebuyer fails to complete the construction and installation of all driveways at the Home as required hereby within four months of the date of the Certificate of Occupancy, the City, following 10 days notice to the Homeowner, shall have the right to utilize the funds which it holds pursuant to Section 1 above or draw upon the letter of credit which it holds pursuant to Section 1 above and complete and/or install or cause to be completed ardfor installed at the Homeboyer's sole expense, all driveways at the Home which are not then complete. The quality and materials of such driveways shalt be of the same quality and materials as the standard driveway proposed to be installed or as the City deems reasonable. 5. Release of Funds to Homebuyer. Upon the Homebuyer's satisfaction of the conditions set forth in paragraph 2 of this Agreement, the City shall return to the Homebuyer the funds or letter of credit which are held by the City and shall send a letter to Saddleback Escrow Company stating that a driveway meeting City standards has been installed at the Home. 6. Inaction. The City, on +ts own vctition or at the request of the Homebuyer, shall inspect the 11iw to determine whether all driveways required to be installed by the Homebuyer have been fully and properly installed. Following such inspection, the City shall either take the action described in Section 4 or 5 above or take whatever other action that the City deems reasonable which is consistent with such Sections. 7. Notices. All notices required or desired to be given under this Agreement shall be given by registered or certified mail at the following address: The City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Homebuyer: Aal _ Escrow: cllaig &_ �_Z_ 711Ied, ew. Saddleback Escrow Company 5010 Campus Drive Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties agree that the foregoing shalt �b yJnding upon them. "HOMEBUYER": t /\ _ CITYOF N J APISTRANO CITY OF SAN JUAN CAPISTRANO By: By: rz-lf_ . A Joh R. Shaw, City Attorney Elaine R. Martinez, Building Offi SJ30RIVC 0 MEMORANDUM TO: Mary Ann Hanover, City Clerk FROM: Elaine Martinez, Building & Safety Manager Community Planning & Development SUBJECT: Cash Bond The Acreage Lot No. 21 January 22, 1990 Attached, please find a Cash Bond and Original Agreement With City Re Homebuyer Installation of Driveway for: Owner: Ira & Teresa Bell 21762 Efton Way El Toro, CA. 92630 Address of Project Site: 27031 Vista Pointe San Juan Capistrano Tract: 10103 Lot: No. 21 Amount of Bond $8,442.00 Check No. 3784475935 Coast Savings 18000 Chatsworth St., Granada Hills, CA 91344-5676 This memorandum will serve as a receipt for said bond. Building and Safety Division will notify your Department to release bond when the grading permit is finaled. Thank you for your assistance in this matter. Elaine Martinez Building Official EM /nk GNK 122 -IAC Attachment cc: John Shaw Stephen Chamberlain Marilyn Groff Mr. & Mrs. Bell 0 August 14, 1990 Jwwlw, S (4 SI,IIIMIII • (SIB, f'.0 1961 1776 P Mr. & Mrs. Ira Bell 27031 Vista Pointe San Juan Capistrano, California 92675 Re: Release of Cash Bond - Security for Dr d# -Al 27031 Vista Pointe, San Juan Capistran Dear Mr. & Mrs. Bell: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. SUCHHEIM KENNETH E. PRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTEE CITY MANAGER STEPHEN B JULIAN Attached is your Cash Bond No. 3784475935 from Coast Savings, in the amount of $8,442.00. Said Cash Bond was given to the City as security for the driveway installation at property located at 27031 Vista Pointe, San Juan Capistrano (Tract 10103, Lot 21). Work has been completed to the satisfaction of the City of San Juan Capistrano and the Cash Bond is hereby released. If you have any questions, please do not hesitate to call. V//((erryy tr��ull�y yours, /lb(,�G(1 J(� Dawn M. Schanderl Records Coordinator Attachment cc: Daniel W. McFarland, Building & Safety Manager Coast Savings This is to acknowledge that I have received the Cash Bond No. 3784475935 from Coast Savings in the amount of $8,442.00. Ira and/or Teresa Bell Dated this /eJ day of August, 1990. 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 4 (714) 493-1171 CV5' ole, rn g LO N r- 00 0O o 01 r— 0) • M -cD ay a n N a W U O O O Z Q J O O r f - CD LL O cc cax LL Z S F - iii LL O r u. m Er u -i r s l cc M J M Q' s Ln O co Pay to the order of Teresa B without recourse. City San Juan Cap' rano By _ David P. Bentz, Treas is